Common use of Authority for Decision Clause in Contracts

Authority for Decision. A variation of a Section 106 Agreement can be made under the delegated authority of the Head of Strategic Support. Decision and Date Xxxxxx Xxxx Digitally signed by Xxxxxx Xxxx DN: cn=Xxxxxx Xxxx gn=Xxxxxx Xxxx c=GB United Kingdom l=GB United Kingdom o=Charnwood Borough Council x=xxxxxx.xxxx@xxxxxxxxx.xxx.xx Reason: I am approving this document Location: Date: 2020-02-26 12:55Z Background Outline Planning permission was granted for the demolition of industrial buildings and residential development (ref. P/10/1518/2) at Xxxxxx Road, Xxxxxx Upon Soar on 12th December 2012. This was subject to a Section 106 Agreement dated 14th June 2012 relating to a variety of contributions towards affordable housing, bus shelters, civic amenity, healthcare, libraries, open space and public transport. Reserved matters has been granted for the erection of 291 dwellings under planning application reference P/15/0229/2. To satisfy the affordable housing registered provider, the landowner now seeks to vary the the definition of intermediate affordable dwellings as stated within the original section 106 agreement and delete reference to “Social Rented Dwellings” and replaces the term with “Affordable Rented Dwellings”. The Affordable Housing Strategy Manager has agreed to the variations being sought. Financial Implications None Risk Management Key Decision: Background Papers:

Authority for Decision. A variation of a Section 106 Agreement can be made under the delegated authority of the Head of Strategic Support. Decision and Date Xxxxxx Xxxx Digitally signed by Xxxxxx Xxxx DN: cn=Xxxxxx Xxxx gn=Xxxxxx Xxxx c=GB United Kingdom l=GB United Kingdom o=Charnwood Borough Council x=xxxxxx.xxxx@xxxxxxxxx.xxx.xx Reason: I am approving this document Location: Date: 20202019-0207-26 12:55Z 01 15:36+01:00 Background Outline Planning permission (reference P/18/0586/2) was granted for the demolition of industrial buildings and a residential development (refof 380 dwellings at land off Tickow Lane, Shepshed on 20th September 2018. P/10/1518/2) at Xxxxxx RoadThe approved scheme includes associated works including the formation of accesses, Xxxxxx Upon Soar on 12th December 2012internal highway works, provision of public open space, drainage and landscaping. This was subject to a Section 106 Agreement (Principal Agreement) dated 14th June 2012 27th February 2017 relating to a variety of contributions towards affordable housing, bus sheltersstop improvements, civic amenity, education, healthcare, libraries, police premises and equipment, sustainable travel packs, highway improvements and public transport, open space and public transportaffordable housing. Reserved matters The Principal Agreement has been granted amended by two subsequent Deeds of Variation; the First Deed of Variation dated 26th January 2018 and Second Deed of Variation dated 19th September 2018. This latest Deed of Variation relates to amendments to the wording contained within the Principal Agreement in the context of affordable housing only. These amendments overcome an implementation barrier for the erection developer with respect to the transfer of 291 dwellings under planning application reference P/15/0229/2affordable housing. To satisfy the The agreed level of affordable housing registered providercontribution, the landowner now seeks at 25%, to vary the the definition of intermediate affordable dwellings as stated within the original section 106 agreement and delete reference to “Social Rented Dwellings” and replaces the term with “Affordable Rented Dwellings”. The Affordable Housing Strategy Manager has agreed to the variations being soughtbe secured on-site, will still be delivered. Financial Implications None Risk Management Key Decision: No Background Papers:

Authority for Decision. A variation of a Section 106 Agreement can be made under the delegated authority of the Head of Strategic Support. Decision and Date Xxxxxx Xxxx Digitally signed by Xxxxxx Xxxx DN: cn=Xxxxxx Xxxx gn=Xxxxxx Xxxx c=GB United Kingdom l=GB United Kingdom o=Charnwood Borough Council x=xxxxxx.xxxx@xxxxxxxxx.xxx.xx ou=Head of Strategic Support x=xxxxxx.xxxx@charnwood.go x.xx Reason: I am approving this document Location: Date: 20202021-0209-26 12:55Z 20 14:32+01:00 Background Outline Planning permission (reference P/13/1519/2) was granted for the demolition of industrial buildings and a residential development (ref. P/10/1518/2) of up to 35 dwellings at Xxxxxx land north of Groby Road, Xxxxxx Upon Soar Loughborough on 12th December 201211th August 2014. All maters were reserved for later consideration as part of a future Reserved Matters application. This was subject to a Section 106 Agreement (Principal Agreement) dated 14th June 2012 16th July 2014 relating to a variety of contributions towards affordable housingthe provision of land on-site for areas of structural planting and for the maintenance of such areas, bus shelters, civic amenityeducation, healthcare, librarieslibraries and affordable housing. This Deed of Variation relates to following amendments to the Section 106 Agreement (Principal Agreement), open space to amend the the mortgagee in possession clause, but does not alter the amount of affordable housing or any other provions constined within the heads of terms included within the resolution of plans committee to grant planning permission. Councillors were consulted regarding the amendments in September 2020 and public transporthave raised no objection to the amendments being made under delated powers and do not wish to refer the matter back to to plans committee. Reserved matters DD016 2021 relating to this deed of variation has already been signed. However this DD was very detailed and the wording of the deed of variation has altered slightly since the drafting of the original DD. For the avoidance of doubt this second DD has been granted for the erection of 291 dwellings under planning application reference P/15/0229/2. To satisfy the affordable housing registered provider, the landowner now seeks to vary the the definition of intermediate affordable dwellings as stated within the original section 106 agreement and delete reference to “Social Rented Dwellings” and replaces the term with “Affordable Rented Dwellings”. The Affordable Housing Strategy Manager has agreed to the variations being soughtproduced. Financial Implications None Risk Management Risk Identified Likelihood Impact Overall Risk Risk Management Actions Planned Applicant doesn’t comply with the S106 Agreement Very low Low Very Low (1 - 2) Routine monitoring of the S106 Agreement. Key Decision: Background Papers:

Authority for Decision. A variation of a Section 106 Agreement can be made under the delegated authority of the Head of Strategic Support. Decision and Date Xxxxxx Xxxx Digitally signed by Xxxxxx Xxxx DN: cn=Xxxxxx Xxxx gn=Xxxxxx Xxxx c=GB United Kingdom l=GB United Kingdom o=Charnwood Borough Council x=xxxxxx.xxxx@xxxxxxxxx.xxx.xx x=xxxxxx.xxxx@charnwood.go x.xx Reason: I am approving this document Location: Date: 2020-0205-26 12:55Z 15:18+01:00 Background Outline Full Planning permission (reference P/10/1155/2) was granted for the demolition of industrial buildings and a residential development (ref. P/10/1518/2) of 41 dwellings at Xxxxxx Land off Barkby Road, Xxxxxx Upon Soar Syston on 12th December 201220th September 2011. The approved scheme includes associated works including the formation of accesses, internal highway works, provision of public open space and landscaping. This was subject to a Section 106 Agreement (Principal Agreement) dated 14th June 2012 20th September 2011 relating to a variety of contributions towards affordable housing, bus shelters, civic amenitythe provision of education, healthcare, libraries, civic amenity, public transport, open space and public transportaffordable housing. Reserved matters The Principal Agreement has been granted for amended by the erection Supplemental Agreement dated 22nd December 2011, following the grant of 291 dwellings Full Planning Permission (reference P/11/2179/2) in connection with a revised development scheme. This latest Deed of Variation relates to the insertion of a new Clause 35.2.3 to the Section 106 Agreement. The proposed Clause 35.2.3 states: “Clause 35.2 in this Agreement shall not be binding on a mortgagee or chargee (or any receiver (including an administrative receiver) appointed by such mortgagee or chargee or any other person appointed under planning application reference P/15/0229/2. To satisfy any security documentation to enable such mortgagee or chargee to realise its security or any administrator (howsoever appointed) including a housing administrator (each a Receiver)) of the whole or any part of the Affordable Dwellings or any persons or bodies deriving title through such mortgagee or chargee or Receiver.” This amendment is sought to address concerns raised by the Affordable Housing Provider (Midland Heart Limited) in respect of an existing Clause 35.2.1 in connection with the affordable housing registered providerobligations being applicable to mortgagees and chargees. The effect of the modification for the Affordable Housing Provider is that it shall provide the Provider with a wider selection of lenders which they can approach for funding and subsequently this will ensure that when they are in a position whereby they need to charge the Property, these will be given an open market value by an independent firm of valuers whereas at present the Property is being restricted to Existing Use Value for Social Housing (EUV-SH) which has a significant impact on the values that can be derived from the units. The purpose of the variations are to bring the Agreement in line with the current requirements of lenders and funders when such properties are used as security for refinancing purposes. Without the required variations, the landowner now seeks value of the applicable properties will be restricted to vary EUV-SH which can be up to 70% less than the market value of the definition of intermediate affordable dwellings as stated within the original section 106 agreement and delete reference to “Social Rented Dwellings” and replaces the term with “Affordable Rented Dwellings”applicable properties. The provisions are onerous and unreasonable as the effect is that it places the Affordable Housing Strategy Manager has Provider at a disadvantage and hinders their financial standing as well as their ability to provide new homes. The agreed level of affordable housing contribution, at 30%, to the variations being soughtbe secured on-site, will still be delivered. Financial Implications None Risk Management No specific risks have been identified. Key Decision: Background Papers:: P/10/1155/2 - Planning file and Principal Section 106 Agreement P/11/2179/2 - Planning file and Supplemental Agreement Appendix DATED 2020

Authority for Decision. A variation of a Section 106 Agreement can be made under the delegated authority of the Head of Strategic Support. Decision and Date Xxxxxx Xxxx Background Digitally signed by Xxxxxx Xxxx DN: cn=Xxxxxx Xxxx gn=Xxxxxx Xxxx c=GB United Kingdom l=GB United Kingdom o=Charnwood Borough Council x=xxxxxx.xxxx@xxxxxxxxx.xxx.xx Reason: I am approving this document Location: Date: 20202019-0207-26 12:55Z Background 17 17:17+01:00 Outline Planning permission (reference P/12/2641/2) was granted for the demolition of industrial buildings and a residential development (ref. P/10/1518/2) of up to 200 dwellings at Xxxxxx land north of Ling Road, Xxxxxx Upon Soar Loughborough on 12th December 201229th August 2013. The approved scheme includes associated works including the formation of accesses, internal highway works, provision of public open space, drainage and landscaping. This was subject to a Section 106 Agreement (Principal Agreement) dated 14th June 2012 23rd August 2013 relating to a variety of contributions towards affordable housingthe provision of land for a Cemetary, bus shelterscommunity facilities, civic amenitydrainage, education, healthcare, libraries, highway improvements and public transport, open space and public transportaffordable housing. Reserved matters The Principal Agreement has been amended by two subsequent Deeds of Variation; the First Deed of Variation dated 26th August 2016 and the Second Deed of Variation dated 19th July 2017. Notwithstanding this, the Principal Agreement was further amended by a subsequent Deed of Variation and Supplemental Planning Obligation Agreement dated 26th October 2018, following the grant of Full Planning Permission (reference P/17/2200/2). The effect of this permission was the grant of planning permission for an additional 23 dwellings at land north of Ling Road, Loughborough, in addition to the 200 dwellings granted for the erection of 291 dwellings under planning application permission (reference P/15/0229/2. To satisfy the affordable housing registered provider, the landowner now seeks to vary the the definition of intermediate affordable dwellings as stated within the original section 106 agreement and delete reference to “Social Rented Dwellings” and replaces the term with “Affordable Rented Dwellings”P/12/2641/2). The Affordable Housing Strategy Manager has agreed Agreement secured additional contributions towards the provision of drainage, open space and affordable housing. This latest Deed of Variation relates to amendments to Clause 6.1 of the subsequent Deed of Variation and Supplemental Planning Obligation Agreement dated 26th October 2018. The amendments proposed relate to the variations being soughtdeletion of the existing Clause 6.1 and its replacement with a new paragraph to reflect amended wording to this clause. Financial Implications None Risk Management Key Decision: Background PapersThe existing Clause (6.1) states: